Appeals and Post Convictions

Criminal Appeals:

Defendants in criminal cases have the right to appeal, except in certain situations, such as when the defendant has pled guilty pursuant to a plea bargain agreement approved and followed by the trial court. However, even if the defendant has pled guilty, other options exist, such as a motion for new trial or a writ of habeas corpus.

Having a new attorney look over the case can be very beneficial. Just, Gurr & Associates has extensive criminal law experience and will carefully review the evidence and trial transcript in your case to determine whether these options are feasible for you.

Writs:

In a direct appeal, the court of appeals can consider only the evidence presented at trial. When a writ of habeas corpus is filed, the court considers only constitutional issues, but additional evidence can be presented. Proper investigation is required for a habeas corpus strategy to work; ineffective assistance of counsel, failure to investigate, prosecutorial misconduct, and due process violations can all be relevant.

If you have been convicted of a crime and wish to appeal the decision, contact Just, Gurr & Associates today via our online contact form or by calling (408) 371-2200.